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Hearing on synthetic cannabinoids exposes regulatory gap; lawmakers plan companion bill
Summary
House Bill 49 would add synthesized cannabinoids derived from hemp to statutory definitions that previously targeted synthesized marijuana products; the bill prompted testimony that the change is needed to reflect how many synthetic products are sourced from hemp, but opponents warned the current draft could leave intoxicating hemp products unregulated in the marketplace.
House Bill 49 would amend existing statutory language to include synthesized cannabinoids derived from hemp within the definition used in last session's ban on synthetic marijuana products and to tighten milligram limits for naturally derived hemp products.
Representative Marshall, the sponsor, told the committee the bill is "very, very narrow" and aims to put synthesized hemp cannabinoids in the same statutory category as synthesized marijuana cannabinoids that were banned in last year's HB 948. The bill removes the word "marijuana" and replaces it with "cannabinoid" in several definitions.
Kristen Barbour, administrator of the Cannabis Control Division (CCD), said the changes resulted from work by the synthetic advisory council and reflected an effort to correct an "inaccurate assessment of the origin of these products," noting many synthetic products are sourced from hemp rather than marijuana. CCD staff explained the bill also alters limits for naturally derived hemp products to a maximum of 0.5 milligrams total delta-9 THC per serving and 2 milligrams per package to keep naturally derived hemp products non-intoxicating.
Proponents including the Montana Cannabis Industry Association supported the bill, saying it updates prior law and addresses evolving product formulations. Informational witnesses from the CCD, the Department of Agriculture, the cannabis-testing laboratory Fidelity Diagnostics, and the cannabis laboratory program manager described how synthetic cannabinoids are produced and why they raise safety and testing concerns.
Opponents, including the Molson Coors Beverage Company and the Montana Chamber of Commerce, warned that the bill as drafted could allow intoxicating hemp products to be sold by "any person" without the regulatory safeguards applied to licensed marijuana dispensaries (age limits, testing, labeling and venue restrictions). Melissa Lewis of Molson Coors said, "there will not be age requirements, labeling requirements, testing requirements, quantity restrictions, or any considerations with respect to taxes" if the product is sold under the current language without additional regulation.
Committee members pressed witnesses about technical details: CCD and its lab manager said synthetic cannabinoids are produced by chemical modification of hemp-derived precursors and can be more potent than naturally occurring THC. CCD staff and industry witnesses said the 0.5 mg/2 mg thresholds are low and intended to be non-intoxicating and that current language was intended to restrict intoxicating naturally derived hemp products to licensed dispensaries; opponents said existing enforcement and regulatory gaps could allow unregulated sale of intoxicating hemp products in retail locations if not amended.
After discussion the sponsors and CCD representatives reported stakeholders had agreed to pursue a companion bill to address the regulatory gap identified by opponents rather than amend HB 49 in committee. The committee was told HB 49 would be held until companion legislation is drafted to address oversight and enforcement. Representative Marshall said the bill's main purpose was to include synthesized hemp cannabinoids in last session's law and that follow-up legislation would handle marketplace regulation. The committee closed the hearing without concurrence.
